[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Proposed Rules]
[Pages 45941-45943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18939]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
RIN 0648-XG955
Atlantic Highly Migratory Species; Amendment 12 to the 2006
Consolidated Atlantic Highly Migratory Species Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; notice of intent; request for comments.
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SUMMARY: NMFS announces the availability of a scoping document and its
intent to initiate an amendment to the 2006 Consolidated Highly
Migratory Species (HMS) Fishery Management Plan (FMP). Given recent
revisions to the National Standard guidelines and recent NMFS policy
directives, which aim to improve and streamline fishery management
procedures to enhance their utility for managers and the public, NMFS
has determined it is necessary to: Reassess current HMS FMP objectives
to reflect the changing needs of the HMS fisheries, and potentially
adopt revised FMP objectives; review stock status determination
criteria (SDC) for internationally-managed HMS and adopt such criteria,
rather than continue to apply domestic criteria, which at times differ;
review the standardized bycatch reporting methodology (SBRM) for
certain HMS fisheries and update, if necessary; consider triggers for
initiating allocation reviews for quota-managed HMS stocks and adopt
such triggers, if appropriate; and consider revising the publication
date of the annual HMS Stock Assessment and Fishery Evaluation (SAFE)
Report and adopt such revision. The goal of the scoping document is to
examine potential options and modify domestic HMS fishery management
measures to be consistent with the national standards guidelines and
recent NMFS policy directives, and to request additional information
and input from consulting parties and the public prior to development
of Amendment 12 to the 2006 Consolidated Atlantic HMS FMP.
DATES: One webinar will be held on October 9, 2019. See SUPPLEMENTARY
INFORMATION for webinar date and instructions. NMFS requests receipt of
any comments on the scoping document by November 4, 2019.
ADDRESSES: You may submit comments on the scoping document, identified
by NOAA-NMFS-2019-0096, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0096, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Rick Pearson, NMFS/SF1,
263 13th Avenue South, Saint Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and generally will be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of the scoping document and supporting documents are
available from the HMS Management Division website at: https://www.fisheries.noaa.gov/action/amendment-12-2006-consolidated-hms-fishery-management-plan-msa-guidelines-and-national or constituents can
contact Rick Pearson by phone at 727-824-5399 or Sarah McLaughlin at
978-281-9260 for hard copies.
FOR FURTHER INFORMATION CONTACT: Rick Pearson at 727-824-5399 or Sarah
McLaughlin at 978-281-9260.
SUPPLEMENTARY INFORMATION:
Background
The Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act) requires that any FMP or FMP amendment be
consistent with ten National Standards.
[[Page 45942]]
In 2016, NMFS revised the National Standard guidelines to improve and
streamline the guidelines to enhance their utility for managers and the
public and provide flexibility in meeting current Magnuson-Stevens Act
mandates (81 FR 71858, October 18, 2016). The final rule included a
recommendation that FMP objectives should be reassessed on a regular
basis to reflect the changing needs of the fishery over time. Although
no time frame was prescribed, the National Standard guidelines
indicated that NMFS should provide notice to the public of the expected
schedule for review.
The National Standard guidelines final rule also indicated that,
for stocks managed under international agreement, NMFS may use the SDC
defined by the relevant international body (e.g., the International
Commission for the Conservation of Atlantic Tunas). Although the
National Standard guidelines final rule does not require a review of
international SDC, it allows NMFS to consider their appropriateness and
applicability.
The Magnuson-Stevens Act requires that any FMP, with respect to any
fishery, establish an SBRM to assess the amount and type of bycatch
occurring in a fishery. On January 19, 2017, NMFS published a final
rule (82 FR 6317) to interpret and provide guidance on this Magnuson-
Stevens Act requirement. Specifically, each FMP must identify the
required procedure or procedures that constitute the SBRM for a fishery
and conduct an analysis that explains how the SBRM meets the purposes
described in the Magnuson-Stevens Act. With the changes in the SBRM
guidelines, NMFS has determined that it is necessary to consider
amending the HMS FMP to update SBRMs for some fisheries and to add
fisheries for which SBRMs are not yet described (including tuna
greenstick fishery, swordfish buoy gear fishery, and recreational
speargun fishery).
On February 23, 2017, NMFS issued Fisheries Allocation Policy
Directive 01-119 (https://www.fisheries.noaa.gov/national/laws-and-policies/fisheries-management-policy-directives), which describes a
mechanism to ensure that fisheries allocations are periodically
evaluated. The policy and directives establish three steps in an
allocation review process, with the first step occurring if a review is
triggered. Categories of triggers that can be used to initiate an
allocation review include: Public interest, time, or indicators. The
policy directive also requires the identification of one or more
triggers for each fishery with a quota allocation that meets the
definition contained in the revised policy directive. The scoping
document for Draft Amendment 12 to the 2006 Consolidated Atlantic HMS
FMP begins the process for considering allocation triggers for quota-
managed HMS.
Finally, the HMS SAFE report is a public document that provides a
summary of scientific information concerning the most recent biological
condition of stocks, stock complexes, and marine ecosystems, essential
fish habitat (EFH), and the social and economic condition of
recreational and commercial HMS fishing interests, fishing communities,
and the fish processing industries. The Magnuson-Stevens Act specifies
that SAFE reports summarize, on a periodic basis, the best scientific
information available concerning the past, present, and possible future
condition of the stocks, EFH, marine ecosystems, and fisheries being
managed under Federal regulation. In 2008, NMFS published a final rule
for Amendment 2 to the 2006 Consolidated HMS FMP (73 FR 40657, July 15,
2008) that, among other things, required the publication of the HMS
SAFE report by the fall of each year. The scoping document for Draft
Amendment 12 begins the process for considering adjusting the
publication date of the HMS SAFE report to account for unexpected
delays, while remaining compliant with Magnuson-Stevens Act
requirements.
In this scoping document, NMFS begins the process of re-assessing
HMS FMP objectives, considering international SDCs for HMS managed
under international agreement, updating HMS FMP SBRM to include
fisheries which are not yet described, considering allocation criteria
for quota-managed HMS, and adjusting the timing for publication of the
annual HMS SAFE Report.
Request for Comments
NMFS requests additional information and comments from consulting
parties and the public on the scoping document. The document includes a
summary of the anticipated purpose and need of the FMP amendment and
the potential environmental, social, and economic impacts of
conservation and management of some potential options. The scoping
document is available online at the HMS website: https://www.fisheries.noaa.gov/action/amendment-12-2006-consolidated-hms-fishery-management-plan-msa-guidelines-and-national. One webinar will
be held (see Table 1 for webinar time and instructions) to provide the
opportunity for public comment. These comments will be used to assist
in the development of the upcoming amendment to the 2006 Consolidated
Atlantic HMS FMP.
Table 1--Time and Instructions of the Scoping Webinar and Conference
Call
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Date Time Webinar instructions
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October 9, 2019............... 2:00-4:00 p.m.... Link: https://noaanmfs-events1.webex.com/noaanmfs-events1/onstage/g.php?MTID=ea75b63983365ec291964d9bc1a6fb968 b968.
Event Password: NOAA.
Dial In: 888-843-
6167.
Passcode: 3439062.
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The public is reminded that NMFS expects participants at public
scoping meetings and on conference calls or webinars to conduct
themselves appropriately. At the beginning of the webinar and
conference call, a representative of NMFS will explain the ground rules
(e.g., all comments are to be directed to the Agency; attendees will be
called to give their comments in the order in which they registered to
speak; each attendee will have an equal amount of time to speak; and
attendees should not interrupt one another). A NMFS representative will
attempt to structure the webinar and conference call so that all
attending members of the public will be able to comment if they so
choose, regardless of the controversial nature of the subject matter.
If attendees do not respect the ground rules they will be asked to
leave the webinar or conference call.
NMFS anticipates that Draft Amendment 12 to the 2006 Consolidated
HMS FMP will be available in 2020 and that Final
[[Page 45943]]
Amendment 12 will be available in 2021.
Dated: August 28, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-18939 Filed 8-30-19; 8:45 am]
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